마약류관리에관한법률위반(향정)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
1.2 million won from the defendant.
1. The summary of the grounds for appeal (the first instance judgment: imprisonment of 2 years and 6 months, additional collection of 90,000 won, the second instance judgment: imprisonment of 6 months, and 6 months: imprisonment of 6 months and 300,000 won) that the lower court sentenced to the Defendant is too unreasonable.
2. As the defendant filed an appeal against the judgment of the court below, each of the appeals cases was tried concurrently at the court of the first instance. As long as each of the criminal facts alleged by the judgment of the court below is in a concurrent relationship under the former part of Article 37 of the Criminal Act, it shall be judged at the same time and sentenced to a single punishment. In this regard, the judgment of the court below cannot be maintained any more.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without a need to decide on the defendant's assertion of unfair sentencing, on the ground that the above reasons for reversal of authority as above exist, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by this court is as stated in the summary of the evidence of the first instance judgment, as stated in the corresponding column of the lower judgment, except for the alteration to the original court’s trial statement “B,” and thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Criminal Act, Article 152 (1) of the Criminal Act (the point of perjury), Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) (the point of sale and delivery of philphones) of the Act on the Control of Narcotics, Etc., and the choice of imprisonment with prison labor, respectively;
1. Article 35 of the Criminal Act among repeated crimes;
1. Articles 153 and 55 (1) 3 of the Criminal Act for mitigation of confessions (with respect to perjury);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The proviso to Article 67 of the Narcotics Control Act;
1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order.